Lawmaker wants change for officers hurt on the job

Feb. 17, 2013

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Highway Patrol trooper Andrew Steen was seriously injured in the line of duty.

Run down, it is alleged, by an intoxicated woman after a high-speed chase in southern Sioux Falls, Steen suffered a fractured skull and a mangled ankle. Emergency surgery and a stint in intensive care saved him. He spent two months in the hospital and left on crutches.

Now, as Steen continues rehabilitation in an effort to rejoin the Highway Patrol, he’s become an example of what some view as an injustice that should be corrected. Since going down in the line of duty, Steen has been collecting worker’s compensation, an amount that, while tax-free, equals about two-thirds of his salary. With medical bills and all the other regular expenses of life, it isn’t a good time to be bringing home less money, said his father, Dan Steen.

To make up the difference between what worker’s compensation pays and what Steen would have earned had he not been hurt, he’s had to tap into his accumulated sick leave.

“They shouldn’t have to use sick leave when they’re hurt in the line of duty,” Dan Steen said.

Steen’s plight prompted Sen. Shantel Krebs, R-Renner, to question state policy on how law enforcement officers employed by state government are compensated when they suffer a traumatic injury in the line of duty. Krebs said she didn’t realize state-employed law officers received only two-thirds of their salary in those circumstances.

“If the general public knew that’s what happens, I think they would fully want to make sure these people are taken care of to the fullest extent,” Krebs said.

Now state officials are looking to see whether something can be done for employees who are seriously hurt while conducting state business. Sandra Zinter, the commissioner for the South Dakota Bureau of Human Resource, estimates that a change in policy would affect one to three employees a year.

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“That would be for all state employees,” she said about the policy change. “It wouldn’t be just for law enforcement.”

Dan Steen said his son did not want to be interviewed. For one, the trial of the driver who allegedly hit him, Rachel Lee Coleman of Sioux Falls, is on the horizon, and prosecutors don’t want public comments from people who might testify in the case.

When compared to the sick-leave benefits that other law enforcement officers receive in bigger departments in South Dakota, troopers are on the short end.

Sioux Falls police

In Sioux Falls, where the starting hourly salary for a police officer is $21.52, officers hurt in the line of duty can get up to six months of compensation equal to 80 percent of their base salary. After six months, officers revert to the state worker’s compensation formula of two-thirds pay, and Sioux Falls officers can use accumulated sick leave and vacation time at that point to make up the difference between worker’s compensation and their base pay.

In addition, said police spokesman Sam Clemens, the department has light-duty positions for officers who are too injured to work the streets.

“The department is really good at finding work for people who can work,” Clemens said.

Rapid City police

Rapid City police, who start at $18.45 an hour, have a provision in their contract that provides extra compensation if hurt making an arrest or pursuing someone “engaged in violations in law.” The provision allows them to receive regular pay, minus any worker’s compensation payments, for the duration of any sick leave they’ve accumulated without using sick leave, or 30 days for officers who have been with the city for three or more years, or 45 days for officers who have been there less than three years.

Minnehaha deputies

In Minnehaha County, the starting salary for a deputy sheriff is $19.55. Deputies have a provision in their contract that provides them with extra compensation in some cases, said county Human Resources Director Carey Deaver. A deputy who is injured while trying to apprehend a suspect through an assault or accident can receive up to 90 days of supplemental pay to compensate the shortfall they get from worker’s comp.

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“It’s not an exactly large benefit, but it does provide some additional compensation for at least three months,” Deaver said.

Troopers have a starting salary of $18.13. If they’re hurt in the line of duty, they can collect worker’s compensation, but they must use sick leave and vacation to make up the one-third difference worker’s comp doesn’t pay.

Unlike Sioux Falls, Rapid City and Minnehaha County, state troopers don’t work under a collective bargaining contract.

Krebs said there should be more safeguards for law officers who are hurt while protecting citizens.

“We need to respect that and make sure we take care of them,” she said.

Krebs said she considered bringing legislation to address it, but first she chose to see whether something could be done administratively.

Zinter agreed to take a look at the issue. Officials in the state human resources office concluded they had enough flexibility under state law to forge a new program for state employees who end up in Andrew Steen’s predicament.

Rather than force employees to use all their sick leave and vacation time, the state is working on a plan to grant “administrative leave.” The administrative leave would grant a qualifying employee with supplemental income, and it would not cost employees any of their personally accrued leave.

A law enforcement officer hurt while trying to protect the public is a special case, Dan Steen said.

“He was run over trying to stop someone who was breaking — not only breaking the law — but endangering every private citizen in her path,” Dan Steen said.

His son, Steen added, is still in a walking boot. He’s working on getting his ankle stronger so that he is capable of meeting the Highway Patrol’s physical requirements, which include distance running and sprints.

“He will go back to work,” Dan Steen said. “He’s got some rehabbing to do.”